Fishing Guide Release of Liability Agreement

In regards to my participation in today’s guided fishing trip, I acknowledge and agree to the following:

I acknowledge that fishing has inherent risks, hazards, and dangers for anyone. These cannot be controlled or eliminated, particularly around an aquatic environment. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:

1. Drowning while engaged in boating, fishing and wading;

2.  impact, collision with rocks, trees, logs, floating objects, deadfall, boats, rafts, equipment or other vessels;

2. Injuries received from mechanical and moving boat parts;

3. Injuries received from fishing equipment;

4. Injuries received from others, including my guide, using fishing equipment;

5. Injuries received from encounters with wildlife and/or insects;

6. Injuries received from exposure to the sun, sea, lighting, wind, inclement weather, and elements; and

7. The limited medical facilities onboard the boat, and the absence of rapid medical attention/emergency response while boating; and that in the event of illness or injury, during the fishing trip, appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical care facility.

I understand the risks, hazards, and dangers of fishing and have had the opportunity to discuss them with  Marlin Hawn .

I understand that these activities may require good physical conditioning and a degree of skill and knowledge. I believe I have that good physical conditioning and the degree of skill and knowledge necessary for me to engage in these activities safely. I understand that I have responsibilities. My participation in this activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks.

PERSONAL FLOATATION DEVICES/LIFE JACKETS: I acknowledge that Marlin Hawn will provide life jackets for me and any minor accompanying me and I/we are advised to wear it at all times while on the vessel, at the marina or launch area, or when otherwise instructed to do so. Failure to do so is at my/our own risk. In a motor boat under power, appropriate PFD must be worn at all times without exception.

I AM VOLUNTARILY USING THE SERVICES OF MARLIN HAWN WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, DISABILITY, OR DEATH. LASTLY, I, FOR MYSELF, OR AS PARENT OR GUARDIAN OF ANY ACCOMPANYING MINOR, MY HEIRS, SUCCESSORS, EXECUTORS, AND SUBROGEES, HEREBY KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS MARLIN HAWN, HIS EMPLOYEES, AGENTS, AND VOLUNTEERS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, LIABILITIES, SUITS, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) WHICH ARE RELATED TO, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH MY PARTICIPATION IN THIS ACTIVITY INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OF ANY KIND OR NATURE, WHETHER FORESEEN OR UNFORESEEN, ARISING DIRECTLY OR INDIRECTLY OUT OF ANY DAMAGE, LOSS, INJURY, PARALYSIS, DISABILITY, OR DEATH TO ME OR MY PROPERTY AS A RESULT OF MY ENGAGING IN THESE ACTIVITIES OR THE USE OF THESE SERVICES, PROPERTY OR EQUIPMENT, WHETHER SUCH DAMAGE, LOSS, INJURY, PARALYSIS, DISABILITY OR DEATH RESULTS FROM NEGLIGENCE OF MARLIN HAWN (THE GUIDE), HIS EMPLOYEES, AGENTS, AND VOLUNTEERS OR FROM SOME OTHER CAUSE. I, FOR MYSELF, MY HEIRS, MY SUCCESSORS, EXECUTORS, AND SUBROGEES, AGREE NOT TO SUE MARLIN HAWN HIS EMPLOYEES, AGENTS, AND VOLUNTEERS AS A RESULT OF ANY INJURY, PARALYSIS, DISABILITY OR DEATH SUFFERED IN CONNECTION WITH MY USE AND PARTICIPATION IN THE ACTIVITIES OF TODAY’S GUIDED FISHING TRIP.

I also understand and agree that any damage that is caused by negligence by myself or the person(s)/individual(s) in my party to any and all property of Marlin Hawn will be replaced at my (The Signee’s) expense, to the full amount/value of the property damaged, determined by Marlin Hawn.

I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT.

EXECUTED, this the _____ day of ______________, 2023.

____________________________________________

           (Signature)

​​​​​​Printed Name: _________________________________________

​​​​​​Address: ______________________________________________

​​​​​​City: __________________________, State: ______; Zip: _______

Phone: _____________________

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